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contemplate involvement of the Tax Commissioner only at equalization is a trial de novo, but only the tax liability <br /> the commissioner's discretion. See Neb.Rev.Stat. §§ questions raised before the board of equalization are <br /> 77-202.04 and 77-202.06(Reissue 1990). questions for adjudication by the district court in its <br /> appellate jurisdiction. Nebraska State Bar Found. v. <br /> In "Count II," Society alleges, in summary, that Lancaster Cry. Bd. of Equal., 237 Neb. 1,465 N.W.2d 111 <br /> comparable properties owned by similar organizations in (1991). See, also, Gordman Properties Co. v. Board of <br /> the State of Nebraska are exempt from taxation.As a result, Equal., 225 Neb. 169, 403 N.W.2d 366(1987) (a district <br /> Society claims that the Board's decision denying it court,acting in its appellate capacity, is without power to <br /> tax-exempt status violated Society's (I) right to equal adjudicate a question of uniformity and proportionality or <br /> treatment under the law as guaranteed by article VIII, §1, any other factual question when such question or questions <br /> of the Nebraska Constitution, and (2) right to equal have not been presented to the county board of <br /> protection as provided by the 14th Amendment to the U.S. equalization). <br /> Constitution. <br /> Since the district court, acting as an appellate court, lacks <br /> ANALYSIS the power, that is,jurisdiction to adjudicate the questions <br /> raised in"Count B" of Society's second amended petition <br /> A county board of equalization is an administrative agency on appeal,a <br /> of the county. Speer v.Kratzenstein, 143 Neb. 300, 12 <br /> N.W.2d 360(1943).As an administrative agency,a county Page 359 <br /> board of equalization has no authority to determine the <br /> constitutionality of an act of the Legislature. See In re higher appellate court also lacks the power to adjudicate <br /> Applications A-16027 et al., 242 Neb. 315,495 N.W.2d 23 those complaints. See Nebraska State Bar Found. v. <br /> (1993).That being true,a constitutional challenge to an act Lancaster Cty. Bd. of Equal.,supra.The district court was <br /> of the Legislature may be raised initially on appeal from a correct in dismissing the complaints in "Count II" of <br /> decision of a county board of equalization. See Society's appeal,not for the reason the district court gave, <br /> Metropolitan Utilities Dist. v.Merritt Beach[243 Neb.358] but for the reasons hereinbefore set forth. <br /> Co., 179 Neb.783, 140 N.W.2d 626(1966). <br /> The judgment of the district court for Buffalo County is <br /> In the appeal under consideration,neither of the complaints affirmed. <br /> contained in "Count II" of Society's second amended <br /> petition on appeal embrace a constitutional challenge to a AFFIRMED. <br /> legislative act. It is noted that the designation of"Count B" <br /> is foreign to the nomenclature used in this state's civil <br /> procedure to designate a cause of action. When there are <br /> multiple causes of action pleaded in civil proceedings,they <br /> should be [500 N.W.2d 525]designated numerically as <br /> "First Cause of Action,"etc. Although Society attempts to <br /> set forth two causes of action in this case,it has pleaded but <br /> one,i.e., that Society's property is tax-exempt. "Count I" <br /> sets forth one theory of recovery."Count II"merely recites <br /> additional theories or alleged factual reasons for recovery. <br /> See Interholzinger v.Estate of Dent, 214 Neb. 264, 333 <br /> N.W.2d 895 (1983), Taken in the context of the appeal in <br /> this case, the complaints embrace factual questions or <br /> reasons why Society claims its property should be exempt <br /> from taxation. That being true, these factual questions or <br /> reasons for granting tax-exempt status to Society's property <br /> should have been raised initially before the Board. Since <br /> they were not,they could not be raised in Society's appeal <br /> to the district court. <br /> An appeal from a denial of exemption from taxation for <br /> real or tangible personal property is made pursuant to § <br /> 77-202.04 and Neb.Rev.Stat. §§ 77-1510 and 77-1511 <br /> (Reissue 1990). Under §77-1511, an appeal to the district <br /> court concerning a decision of a county board of <br />